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Performance Bonds And Priority Of Article 9 Security Interests

The current recession has been particularly difficult for the construction industry. With some projects faltering and credit tight, property owners, contractors and lenders are struggling to assess risk. For construction projects where completion is secured by a performance bond, it is important to understand the basic legal rights of all those concerned. Generally, when a

Commercial Lending Update

The Federal Reserve recently surveyed senior loan officers from 60 large domestic banking institutions and the U.S. agencies of 24 foreign banks. The results: In the fourth quarter of 2008, 87 percent of loan officers said they have tightened their lending standards for commercial real estate loans. Banks are pointing to uncertain economic outlook, a

Receiving an Inheritance While on Medicaid

For most people, receiving an inheritance is something good, but not for a nursing home resident on Medicaid. Medicaid has strict income and resource limits, so an inheritance can cause a Medicaid recipient to be ineligible for benefits. At the present time a single individual is limited to $2,000.00 in countable assets and all income

Unfair Debt Collection

Are you being harassed by Debt Collectors? If so, here is what you need to know to proect yourself—You have rights! The Massachusetts Consumer Protection Act, the Massachusetts Attorney General’s Debt Collection Regulations, and the Federal Fair Debt Collection Practices Act protects consumers against invasion of privacy, abuse, debt collection harassment and other wrongful conduct

Massachusetts Smart Growth

The Massachusetts Legislature has recently implemented new legislation designed to increase the stock of affordable housing in the Commonwealth. Chapter 40R, otherwise known as the “Smart Growth Zoning Act,” will also help cities and towns meet their affordable housing goals in conjunction with Chapter 40B. The Act encourages municipalities to create smart growth zoning overlay

Cobra Update

The Department of Labor and the Employee Benefits Security Administration have begun enforcing new regulations relating to employee health care continuation coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”). The new federal regulations impose two new notice requirements and modify four existing notice requirements for plan administrators, employers, and qualified beneficiaries under

Avoiding a Will Contest

A Will contest is a legal proceeding that challenges the validly of a Will and/or the terms of a Will. Did you know that a Will contest can result in a considerable delay in the distribution of your assets to your loved ones? Did you know that the costs of a Will contest are paid